The Law Offices of Sabrina Li has achieved success in helping another client. We are pleased to share the details of this case with you.

Our client came to our office after her Violence Against Women Act (VAWA) and Adjustment of Status applications had been submitted by another attorney. Our firm noted that the client’s applications were outside of normal processing times and submitted a request with the ombudsman to have the applications adjudicated. We thereafter received a Request for Evidence (RFE) requesting proof of our client’s good moral character.

The complexity of this case arises from the fact that the abusive spouse claimed our client had abused him. Our client was beaten into unconsciousness by her U.S. Citizen husband, only to awaken handcuffed to a hospital bed. It was then that she discovered her ex-husband had falsely accused her of being the aggressor. His family members further complicated the situation by providing false testimonies to support his claims, leading authorities to view her as the suspect. Fortunately, the district attorney determined there was insufficient evidence to press charges against her. However, during a civil case she initiated against him — which included charges of assault and battery, extreme and outrageous conduct, false imprisonment, and malicious prosecution — her abusive ex-spouse reiterated his claims that she was the aggressor. Tragically, her civil case was dismissed, as the judge found her husband's testimony more credible than hers.

Our skilled and experienced team assisted the client in drafting a response to the RFE, demonstrating that she had no pending criminal cases against her and asserting that she is a person of good moral character who has been falsely accused by her abuser. To do this, we carefully examined the court records. Based on the existing records, we guided the client in crafting a personal statement that addressed the inconsistencies, countered her husband’s allegations, and reinforced her own claims. We also supported the client in obtaining credible affidavits from friends, coworkers, and relatives about the abuse she endured during her marriage. Additionally, we secured support letters from various individuals attesting to her strength and commendable character.

Our efforts were rewarded, and the client’s applications were approved. She was granted a green card as a VAWA-abused spouse. Our client was so thrilled with our work that she also requested we assist her in the process of obtaining derivative beneficiary benefits for her child.

VAWA Self-petitioners are required to demonstrate that they possess good moral character to be eligible for a VAWA self-petition. USCIS typically examines the 3-year period immediately preceding the filing of the self-petition, evaluating the self-petitioner’s conduct on an individual basis. The primary evidence of good moral character is the self-petitioner’s affidavit, which should include detailed statements about their behavior and conduct that establish good moral character. Beyond the affidavit, self-petitioners should submit either a local police clearance or a state-issued criminal background check from every location or state within the United States where they have resided for 6 or more months during the 3-year period prior to filing the self-petition. Apart from the affidavit and police clearances or criminal background checks, USCIS also considers other credible evidence of good moral character. This can include affidavits from trustworthy individuals who can vouch for the self-petitioner’s good moral character based on firsthand knowledge.

For those encountering similar challenges and in need of proficient legal guidance, consider the services of the Law Offices of Sabrina Li. Get in touch with us at (213) 375-8096 or email us at info@sabrinali.law. We are committed to assisting you at every stage, so please don't hesitate to connect. Your journey is our foremost priority.